Give Schools the Power to Punish

SINCE November, when the investigation into sexual abuse at Penn State University dominated the news, the nation’s attention has repeatedly turned to such abuse in schools. Similar allegations followed at Syracuse University and in many athletic programs in schools across the United States.

In the public schools of New York City, we have received similar attention after recent reports of inappropriate sexual conduct by school staff members and teachers. In one case, a teacher stands accused of an inappropriate relationship with a 16-year-old student; in another case, an employee has been accused of inappropriately touching several younger students while they were on his lap.

All such cases are deeply troubling, but in New York’s public schools there is an additional concern. In private schools, those who are found guilty of inappropriate conduct can be (and often are) immediately fired. But in our public schools, we are often unable to properly punish sexual misconduct even after it has been established by investigators. As a result, the teacher in question often remains in the classroom.

Here’s why: In New York’s public schools, the power to discipline teachers and administrators does not lie with the school district. Instead, it rests with an arbitrator, jointly selected by the school district and the teachers’ union.

In theory and in practice, this system is a recipe for disaster. An arbitrator knows that if he makes a ruling that disappoints either party he might be barred from future cases. This interest in pleasing both sides can lead an arbitrator to “split the baby,” for instance by offering some punishment (in hopes of pleasing the school district) but also some leniency (in hopes of pleasing the teachers’ union). This can undermine the cause of justice and fail to protect students from predators.

In one case, a male teacher in Manhattan was accused of inappropriately touching a female student in 2010, but the arbitrator imposed only a suspension without pay. And now — after more disturbing episodes — we’ve filed charges against this individual for a third time.

As it stands, public school teachers accused of sexual misconduct enjoy protections that no other city employee has. That puts children in danger, and we cannot allow it to continue.

At the end of last month, with support from Mayor Michael R. Bloomberg, the New York State School Boards Association and the New York State Council of School Superintendents, we announced our support for legislation that would give disciplinary authority to school districts in these types of cases. There will always be individuals in our schools who behave unprofessionally — and unfortunately some who engage in inappropriate relationships with students. But we must ensure that school districts have the tools to remove guilty individuals so that we can create the safe learning environment that all students deserve.

Dennis M. Walcott is the chancellor the New York City Department of Education.